Chafoin

This is an action upon a promissory

note which reads as follows:—

The defendants answered to the complaint separately. Defendant Dubs, by his answer, denied that he executed the note for a good and valuable consideration, or for any consideration whatever, or that he was indebted to the plaintiff, for or on account of the note, in the sum due thereon, or in any sum; and he averred that he signed the note only as a surety for defendant Rich, and at the time was known by the plaintiff to be a surety, and was received and accepted by him - as such; that plaintiff failed and neglected to present the note to Rich for payment at or about the time it became due, and failed and neglected to notify him, Dubs, of its non-payment, until about the month of February, 1884. Wherefore he prayed that plaintiff take nothing as against him.

After trial, the court found the facts to be as alleged by Dubs, and accordingly rendered judgment against Rich for the principal of the note, and the interest thereon computed up to that time, making $5,778.67, and in favor of Dubs for his costs.

From this judgment in favor of Dubs, the plaintiff appealed to this court, where the judgment was reversed, and…